People suffer personal injuries throughout the State of Georgia for many different reasons. Car accidents, workplace mishaps, and exposure to dangerous chemicals can all contribute to someone’s bodily injury.
One inattentive moment from someone else can lead to a lifetime of medical bills and healthcare treatment for you. Unpaid medical bills can lead to severe financial strain and even bankruptcy, but in many cases, a responsible party can be held liable. The judicial process works to make sure that injured victims are compensated for the injuries they suffer due to the negligence of another party.
Injured victims are able to recover for their pain and suffering, economic damages, and medical bills. The Dacula personal injury attorneys at Spaulding Injury Law can help you present your case to an insurance company or even in court if needed. Contact us today to discuss your situation.
Common Causes of Personal Injuries
Negligence is the primary legal doctrine applicable to personal injury cases. The central component of personal injury law is that a responsible party may not have intended to harm an injured victim, however, the responsible party may have been reckless or careless and caused a victim to suffer bodily injury.
People typically have a duty to exercise reasonable care while driving an automobile or engaging in any other type of activity that might affect other people. Slip and fall accidents fall under personal injury law, as do pedestrian accidentsand trucking accidents.
If a negligent driver causes a car accident and you suffer injuries, for example, that driver should be responsible for all of your medical bills and other losses. However, this does not happen automatically, and there is an often complex process you must follow. This is best done with the help of a Dacula GA personal injury lawyer.
Proving Your Injury Claim
The injured party in a negligence action has the burden to prove that the responsible party is liable for the injured party’s personal injuries. The injured party must prove the responsible party was negligent by satisfying four elements: duty, breach, causation, and damages.
Duty
Most responsible parties will have a duty to exercise reasonable care while performing a specific activity such as operating a motor vehicle or driving a vessel. The injured party must prove that a responsible party had a duty to exercise reasonable care while performing a particular activity.
Breach
The injured party will also have to prove that the responsible party breached this duty to exercise reasonable care. This breach is usually the negligent act that deviated from the standard of care the law applies to all people engaged in a specific activity.
Causation
The injured party must also prove that the responsible party’s breach of the duty of care caused the bodily injuries suffered by the injured party. Although the responsible party may have breached the duty of care, the injury party still must prove that this breach was the direct cause of the injured party’s injuries.
Damages
The final element regarding damages means that the injured party must prove that he or she suffered damages as the result of the failure to maintain a reasonable standard of care. Damages are categorized in many different ways, but the two main categories are general damages and special damages. Injured parties may also recover financial compensation for non-economic damages as well as pain and suffering.
Georgia Injury Laws
Some states use a comparative negligence doctrine. In Georgia, the insurer or court will compare the injured party’s degree of negligence to the responsible party’s degree of negligence and reduce the injured party’s financial award accordingly. The State of Georgia codified the doctrine of comparative negligence in O.C.G.A. 51-11-7.
The Official Code of Georgia also includes the assumption of the risk doctrine. This doctrine can completely bar the injured party from recovering any financial award if the responsible party can prove the three elements of the assumption of the risk doctrine.
The Georgia statute of limitations period for personal injury cases is two years from the date of the injury. This means that you must file any legal claims related to your personal injury case within two years of the date of the accident that caused your injuries. If you fail to meet this deadline, then you will be barred from litigating the claims related to your personal injuries.
You need an experienced and knowledgeable attorney to help you assess the facts of your case and determine how to best pursue your claims. The attorneys at Spaulding Injury Law can help you understand how your case will be analyzed by an insurance company.
How Can a Personal Injury Attorney Help Me?
The Dacula personal injury attorneys at Spaulding Injury Law can help you investigate the accident that caused your injuries. We can also identify any responsible parties that may be legally liable for the injuries you suffered, which can include individuals, companies, or both. Our attorneys will evaluate the evidence needed to support your claim and present it in the most persuasive manner possible.
Lawrenceville Accident Lawyers
Our legal team will handle the paperwork and other details related to your case. You do not have to pay any fees to retain one of our attorneys. An attorney will work for you on a contingency fee basis, and any fee will be deducted from any financial award you receive. If you do not receive a financial award, then you will not be obligated to pay any fees. You never have to come up with funds out of your own pocket to have our law firm on your side.
Contact Our Dacula GA Personal Injury Lawyers Today
If you suffered personal injuries as a result of another party’s negligence, then you should speak with Spaulding Injury Law today. Our attorneys can schedule a free consultation for you during which we can review the facts of your case and advise you on how to proceed with filing your legal claims.
Stand up for yourself and defend your legal rights today by contacting Spaulding Injury Law. We are here to help you and your loved ones by representing you with candor, honesty, and professionalism.
